News and Publications
The IIJD 2007 Newsletter Archive:
War Criminals Tried and Convicted by Special Court of Sierra Leone |
By Caroline Burns |
July 20, 2007 |
In June, three rebel commanders from the Armed Forces Revolutionary Council (AFRC) were found guilty of committing crimes against humanity during Sierra Leone’s Civil War. The commanders Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu, were tried by the Special Court for Sierra Leone and were found guilty of eleven of the 14 charges that were filed against them [1].
The Civil War that lasted eleven long years from 1991-2002 saw an estimated 200,000 people killed or seriously injured [2]. According to some estimates, 120,000 people died while thousands of others were mutilated and had their arms, legs, ears, or noses brutally chopped off [3]. Atrocities were committed by both the government sponsored Civil Defense Force (CDF) and the two main rebel groups, the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council (AFRC) [4]. In 1997, the AFRC took over the elected government and combined forces with the RUF. Together, they set up a junta to run the country and nine months later began ruling with terror campaigns in which children were burned to death among many other atrocities [5].
After the war, a special court was created in January of 2002 with the mandate to “prosecute those bearing the greatest responsibility for war crimes, crimes against humanity, and other serious violations of international humanitarian law committed since 30 November 1996” [6]. The court represents a combination of both international and local law and was created by a deal between Sierra Leone and the United Nations [7]. In fact, the judges, prosecutors and staff are both Sierra Leonean and international [8]. Since its creation, 13 people have been indicted by the court and of those 13, nine are in the process or having trials: Brima, Kamara and Kanu from the AFRC; Moinina Fofana and Allieu Kondewa from the CDF; Issa Hassan Sesay, Morris Kallon, and Augustine Gbao from the RUF and Charles Taylor who was the president of Liberia and is accused of arming the RUF. Of the other four, RUF leader Foday Sankoh and deputy commander Sam Bockarie have died, ex-Defense Minister Sam Hinga Norman died in custody, and the former AFRC leader Johnny Paul Koroma is missing [9].
This week, the AFRC rebel leaders Brima, Kamara and Kanu are scheduled to receive sentences for the charges that they were found guilty of in June. The men were tried in a joint trial for committing crimes against humanity, violating Article 3 Common to the Geneva Conventions and of Additional Protocol II (war crimes), and committing other serious violations of international humanitarian law. They were accused of terrorizing the civilian population and collective punishments, unlawful killings, sexual violence, physical violence, the use of child soldiers, abductions and enforced labor, and looting and burning [10]. All three men pleaded not guilty to all charges; however, they were found guilty of eleven of the 14 counts and were only acquitted of sexual slavery and other inhumane acts [11].
These trials are an important juncture for Sierra Leone at a time when it is trying to re-establish peace and order. According to Amnesty International Legal Advisor Hugo Relva the trials represent a crucial moment in the democratic development of the nation by setting a precedent of justice and accountability: “These verdicts send a positive signal to the people of Sierra Leone that someone will be held responsible for the brutal crimes perpetrated against them and members of their families – but there are many others who carried out terrible acts during the country’s 11 years of conflict. Thousands of others can and must be held criminally responsible. Reparations must also be provided to the victims in order for justice to begin to prevail throughout Sierra Leone.” [12] Trials of this sort encourage popular confidence in governments, especially after a protracted period of conflict and desperation. Sierra Leone is not alone in its development of such a trial; post-apartheid South Africa is the vanguard and Rwanda pursued one as well.
The IIJD supports Sierra Leone and the UN in their establishment of a special court to try war criminals. However, the IIJD also agrees with Amnesty International that there is still much left to be done. Peace and democracy in Sierra Leone will last only if Sierra Leone is able to establish a strong, independent, and transparent justice system in which the people of Sierra Leone can place their trust completely. The trials of war criminals like Brima, Kamara and Kanu represent an important step forward for Sierra Leone, but they are by no means the end of what will be a long and hard journey towards sustainable peace and development.
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